Non-judicial Punishment

What is non-judicial punishment (NJP)?

Nonjudicial punishment (NJP) describes forms of punishment used to maintain good order and discipline in the armed forces.  Article 15 of the Uniform Code of Military Justice (UCMJ) allows for NJP.  NJP has varying names depending on the service branch. You may hear the term “Article 15,” Captain Mast,” or “Office Hours.” Each of those terms describes the action of receiving an NJP.UCMJ violations resulting in NJP are considered less severe than violations that result in preferred criminal charges. However, a comparatively minor UCMJ violation resulting in NJP will negatively affect your military career and can even terminate it.

What are your options if you are going to receive an NJP?

It would be best if you were notified of the accusations against you before being awarded an NJP.  Your Commander is required to explain the circumstances leading to the intent to grant you an NJP. You will also need to accept or reject the NJP. Your response is an important decision.

If you are facing an NJP, you can consult with a military lawyer at Crisp and Associates who understands the process and the UCMJ. Our military lawyers can help explain which option may be best for you and your military career if you face NJP.

Accepting NJP

If you accept the NJP, you may still present evidence to rebut the accusations you are facing. However, the evidence presented will be at the discretion of the Commander. Even if your commander determines the allegations against you are faithful, punishment must still be decided. Your Commander may award punishment but choose not to enforce it. Unenforced punishment is known as suspending punishment. The military attorneys at Crisp and Associates understand the appropriate legal arguments to make if you choose to accept NJP. Our experienced counsel can help prepare you and guide you through the process. If you accept NJP, you are not admitting your guilt but instead saying you do not want to exercise your right to a court martial. Taking an NJP is not a criminal conviction.

Rejecting NJP

The alternative to accepting NJP is rejecting it. If you leave NJP, you are requesting a Court-Martial. By making that decision, you are forcing the government to choose. The government must either decide to convene a trial and prove accusations against you or not pursue the violation as intended. If you reject NJP and proceed to a court-martial, you have the right to be represented by an attorney. The military lawyers at Crisp and Associates can defend you during this process, present witnesses, and argue your side of the case in Court.

How can NJP affect your career?

The accusation basis for the awarded NJP can significantly impact your military career. The violations contained in your military record can affect the chances of promotion. The NJP accusation can be used for administrative separation. The potential for an NJP to negatively impact your military career makes it essential to consult an attorney who understands the UCMJ before that occurs. At Crisp and Associates, we aggressively defend our clients from the moment NJP is suspected. We are not reactive military lawyers. We believe your career and your future are too necessary not to protect.

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